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Technicality Kills Controversial Abortion Bill in Texas

Republican senators made a last-ditch effort to approve SB 5, voting 19-10, but by then the clock had ticked past midnight. Under the terms of the state Constitution, the special session had ended, and the bill could not be signed, enrolled or sent to the governor.

The nation watched on Tuesday — and into Wednesday — as Democratic Sen. Wendy Davis (who Governing named one of 2012's state legislators to watch) and hundreds of impassioned reproductive rights advocates stalled proceedings and ultimately defeated controversial abortion legislation in a storm of screams and shouts as the clock struck midnight.

“I am overwhelmed, honestly,” Davis said after standing for nearly 13 hours to filibuster Senate Bill 5, the abortion legislation. The outpouring of support from protesters at the Capitol and across the nation, she said, “shows the determination and spirit of Texas women and people who care about Texas women."

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Some have called the abortion restrictions proposed in SB 5 the toughest in the nation. The bill would have banned abortions after 20 weeks of pregnancy, required physicians to have hospital admitting privileges within 30 miles of an abortion facility, required abortions — even drug-induced ones — to be performed in ambulatory surgical centers and required doctors to administer drugs that induce abortion in person.

Republican senators made a last-ditch effort to approve SB 5, voting 19-10, but by then the clock had ticked past midnight. Under the terms of the state Constitution, the special session had ended, and the bill could not be signed, enrolled or sent to the governor.

That fact was not immediately clear, and confusion abounded on the Senate floor. Republicans claimed the bill had passed while Democrats said it had not.